The U.S. Supreme Court's recent ruling in the Loper Bright case has overturned the longstanding legal principle known as 'Chevron deference,' which previously allowed federal courts to defer to agency interpretations of ambiguous statutes. This decision, described as a significant setback for federal bureaucracy, marks a shift in how courts will handle cases involving agency regulations. As of 2024, courts will no longer apply the Chevron standard, which has been criticized for enabling bureaucratic overreach. Legal experts and commentators have noted that this ruling could lead to a new era in regulatory oversight, with calls for Congress to pass the REINS Act to limit the delegation of lawmaking power to unelected officials. While the Court clarified that the Loper Bright decision does not retroactively affect prior rulings based on Chevron, it raises questions about the future of administrative regulations that rely on this doctrine.
The Court said that Loper Bright was not retroactive to previous Chevron-based rulings. But would that bar new administrative branch Executive Orders that repudiate Chevron-dependent regs? I am not enough of an Ad Law guy to know. But it’s an intriguing possibility. https://t.co/pkAsUDrvwZ
How do lower courts respond when the Supreme Court starts disfavoring (rather than overruling) its precedents—Bivens, for example, or Chevron before Loper Bright? How should they respond? @TaraLeighGrove1 and I explore these questions in this new paper. https://t.co/FwSgYZlilx
The decision by the Supreme Court to overturn the infamous "Chevron deference" is nothing short of a seismic blow to the bloated federal bureaucracy that's been stifling innovation and freedom for decades. Thanks to @DOGE get ready for a new era where innovation isn't stifled by… https://t.co/IUKoBQrxo1